Bill 33, Toby's Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012

DiNovo, Cheri Elliott, Christine Naqvi, Yasir

Current Status: Royal Assent received Chapter Number: S.O. 2012 C.7

Viewing: Royal Assent (current version) pdf

Bill 33                                                          2012

An Act to amend the Human Rights Code with respect to gender identity and gender expression

Note: This Act amends the Human Rights Code.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 1 of the Human Rights Code is amended by adding “gender identity, gender expression” after “sexual orientation”.

   2.  (1)  Subsection 2 (1) of the Act is amended by adding “gender identity, gender expression” after “sexual orientation”.

   (2)  Subsection 2 (2) of the Act is amended by adding “sexual orientation, gender identity, gender expression” after “creed”.

   3.  Section 3 of the Act is amended by adding “gender identity, gender expression” after “sexual orientation”.

   4.  (1)  Subsection 5 (1) of the Act is amended by adding “gender identity, gender expression” after “sexual orientation”.

   (2)  Subsection 5 (2) of the Act is amended by adding “sexual orientation, gender identity, gender expression” after “creed”.

   5.  Section 6 of the Act is amended by adding “gender identity, gender expression” after “sexual orientation”.

   6.  (1)  Subsection 7 (1) of the Act is amended by striking out “because of sex” and substituting “because of sex, sexual orientation, gender identity or gender expression”.

   (2)  Subsection 7 (2) of the Act is amended by striking out “because of sex” and substituting “because of sex, sexual orientation, gender identity or gender expression”.

Commencement

   7.  This Act comes into force on the day it receives Royal Assent.

Short title

   8.  The short title of this Act is Toby’s Act (Right to be Free from Discrimination and Harassment Because of Gender Identity or Gender Expression), 2012.

 

EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 33 and does not form part of the law.  Bill 33 has been enacted as Chapter 7 of the Statutes of Ontario, 2012.

 

The Bill amends the Human Rights Code to specify that every person has a right to equal treatment without discrimination because of gender identity or gender expression with respect to,

  (a)   services, goods and facilities (section 1 of the Code);

  (b)   accommodation (subsection 2 (1) of the Code);

  (c)   contracting (section 3 of the Code);

  (d)   employment (subsection 5 (1) of the Code); and

  (e)   membership in a trade union, trade or occupational association or self-governing profession (section 6 of the Code).

The Bill also amends the Code to specify that every person has a right to be free from harassment because of sexual orientation, gender identity or gender expression with respect to,

  (a)   accommodation (subsections 2 (2) and 7 (1) of the Code); and

  (b)   employment (subsections 5 (2) and 7 (2) of the Code).

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